EFTA Document EFTA01718407

EFTA01718407 (USAFLS) From: (USAFLS) Sent: . 2007 12:47 PM To: Subject: Hi — I still am having trouble with my voice and am headed home now. Here is the latest: tomorrow morning. hat is probably coming late tonight or ear The hearing is off for tomorrow, as is the grand jury time. y When you have a chance, can ou sto b and :et from a co. of the draft indictment, co ies of the and transcripts, and a o you can start on that while I am laid up. Thank you. Assistant U.S. Attorney est am eac Phone Fax EFTA01718408 SEP-12-2008 08:18 RIID-WINCEESTER P.001 • ' ' • FD; 448 Revised 10-274004 FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET PRECEDENCE ( 7 ! I m M e M e e C Priority 2 Routine CLASSIFICATION (7 Top Secret C Secret SK Confidential r. senaive C Unclassified Subject: SICtrk— I d Number of Pages; (including cover) Specla Handling Instructions: ! Brief DeSCriptioniof Commuinication Faxed: Cop( 4 !e>c #FC)//1 rtect)unt v : I ' I I I WARNING : • Information attached) to the cover sheet is U.S. Government Property. If you are not the Intended recipient Of this Information disclosure, reproduction, distribution, är use of this information is prohibited (16.1.1SC, § 641). Please notify the originator or local FBI Office Immediately to arrange forproper disposition. ! ; ; I . ; I M ! FD-448 (RevISS 10-27;;2004) I Page 1 of DERAL BUREAU OF INVESTIGAUON EFTA01718409 WY. • •• an/ ••••• %OW • • Yr n UV ire • • nea.ne • ••••• • J ; ! July 28,42008 Via fearx; • LEWIS TEINPL ATTORNEYS AT LAW Record/information Dissemination Section FOIA Request Coordinator Federal Bureau of Investi eon, Miami Field Office ort t iami eac t, 9 Re: Freedoth of Information Act/Privacy Act Request ..Seeking:Documents from a USA° / FBI Investigation in the Southern District of Florida. ! • To Whom it Miy Concern: We write on behalf of our client,ltfaSt, to request certain records under the Freedom of Information Act and Privacy Act. Mr. Epstein has been the focus of a joint investigation by the U.S. Attorney's Office for the Southern District of Florida ("USAO") and Federal Bureau of Investigation ("FBI"). The USAO and/or FBI may have in its possession original (or copies of original) documents in paper anctlectronic form seized from Mr. Epstein pursuant to a searchi warrant executed on his Palm Aback Florida home on October 20, 2005. We request copies of these paper and electronic documents • Further; the USAO and/or FBI ma y have interviewed (DOB (iii) a/k/a (DOB's), (v) anc/ (DOB (vii) (DOB lx) Sida DOB have taken place between 2006 and the present. Under FOIA/PA, we request copies of all interview notes and RBI 302s concerning these interviews. We are enclosing Mr. Epstein's fully executed Certification of Identity (Fokt DOJ -361). . ! • Copies it'llany records,responsive to this FOIA/PA request should be sent to my attention at the address:listed below. Thank you for your courtesy. • • Very truly yours, (DOB (ii (DOB (iv) • ME), (vi (DOB We believe t cse interviews would Un l TCLCOHON; • FACSIMILE COCONUT GROVE, r_OR IDA 33133 • WWW.LEWISTE1N .00 M EFTA01718410 Old 14 - 4VVV VO . 14 Wi n 1/4 4.11;c0 I LS% Oa • I I US. Department of Justice I • - • • • • Certification of Identity • i Prey Act Stalentent. In accordance with 28 CFR Section 16.41(d) personal data sufficient to identify the individuals submitting requests by mail underithe Orivacy Act of 1074,5 U.S.C. Section 552a, is required. The purpose of this solicitation is to ensure that the records of ind vidnann who arc the subject of US. Department of Justice systems of records me not wrongfully diet/O;Od by the Department. Failure to furnish this informittlon will result-in no attics being taken on the requaa. False infornuttroo on this form may subject the requester to crim- inal realties Under IS LES.C. Section 1001 and/or 5 U.S.C. Section 552a6X3). , Paine reporting burden for this collection of information is estimated to average 0.50 hours per response, including the time for review- ! inn instructions. sdarciii rig existing data sources. gathering and mainthioing the data needed, and completing and reviewing the collo:lion of 'nforrnation. StiggestiOns for reducing this burden may be submitted to Director. Facilities and Administrative Services Staff, Justice Mt nags rent pivjsion: V.S. Department ofJusiice. Washington. DC 20530 and the Office of Information and Regulatory Allairs. Office of Management and Sfudget. Public Use Reports Project (1103.0016), Washington, DC 20503. i . F1 1 Name bf requester I • I • CitizenshipiStatus 2 tbliAta 3 :412.• f Social Security Number' Cunent A4mit Cocoa,, 74- 6h,e_ FC33 (13 I Date of Bitfh is„ 20) 1453 Place of Binh M t.) kfr-k • : f declare under penalty of perjury under the laws of the United Slates of America that the foregoing hs true and COTTOCI. and that I am the pe n named ahoive, ind I understand that any falsification of this statement is punishable under the Provisions of 18 U.S.C. Section 1001 by fine of net more than S10.000 or by imprisonment of not more than live years or both, and that requesting or obtaining tiny rarord(s) u cr false dierenles is Punishahlo under the provisions / of 5 UU..S.C. SS2a(iX3) by a fine of not more than $5,000. Date /.7/O : • Signature OPTIONAL: A.utStion. to Release Information to Another Person i • This form is also to be 'aiimpleted by a requester who is authorizing information relating to himself or herself to he released to another person. Further. pars"I ! to 5 U.S.0 Section 5Sia(ti),l authorize the U.S. Department of Justice to release any and all information relating to me to: I I. • Print or Type Marne I Maw of individual who is the subject of the record sought fadiViclual:SolioliCling a request under the Privacy Act of 1974 must he either "a citizen of the United States or an alien lawfully admitted for bermunentlyesidence," pursuant to S U.S.C. Section 552a(aX7.). Requests will be processed as Freedom of Information Act :Tests pursuantito U.S.C. Section 552. rather than Privacy Act requests, for individuals who are not Unitt4 States citizens or aliens la ally admittedIfor pirmanent residence. 3 Providing your soclid security number is voluntary. You arc caked to provide your social security number only to facilitate the identilitatiOnlot bloandsirelating to you. Without your social security number. the Department missy be unable to locate any or all records pertaining to you.l i I 4 Signature of individual who is the subject of the record sought. MAPP*Olitp CMS NO. 110.44:114 ITXPIRIS e31107 FORM ea 361 :irlT 04 TOTAL P.004 EFTA01718411 idea L - toVVO 110 • SU AMP IN nvlit30 IJA trh P 4- I U.S. Departnitnt of Justice i II I ; Certification of Identity Privacy Act Stateinent In accordance with 28 aelt Section 16.41(d) personal data sufficient to identify the individuals submitting requests by Imail undei the Privacy Act of 1974, 5 U.S.C. Section 552a, 'et required. The purpose of Ibis solicitation is to ensure that the records of individuals wbo arc thd snbject of U.S. Department of Justice systems of records are not wrongfully disclosed by the Department. Failure to famish this informittion will result in no action being taken on the request. False information on this form may subject the requester to crim- inal penalties undei• 18 U.S.0 Sidon 1001 and/or 5 U.S.C. Section 552a(iX3). I • 1 : • I Public reporting Mader for this collection of information is estimated to average 0.50 hews per response, including the time for review. inj insuuctioists, starching existing data sources. gathering and maintaining the data needed• and completing and reviewing the collection of information. SuggeStiOns for reducing this burden may be submitted to Dictator. Facilities and Administrative Services Staff. Justice Mtpagement Piv.ision. U.S. Department of Justice. Washington. DC 20530 and the Office of Information and Regulatory Affairs. Office of Management al Budget. Public Use Reports Project (1103.0016). Washington. DC 20503. : I Full Name of gagriester t erFF-rt Cy I i i t enrerr 1/4.) • i. . 'I .„_ ' a zenstup1Status 2 LS/..64O.PC's STATES I ' ...,/ Social Security Number 3 it ; , 1 Current Address CQ Le Li.):3 Teri 1 i I Date of Biri . l T. o......t.... '2./N l'9_17...3 Place of Birth A./_e_w qock i I i i .I 7 I • i ; 1 ( clan under penury of perjury under the laws of the United States of Ameriel that the foregoinglis true and correct, and that I am the poison named abire. and I understand that any falsification of this statement is punishable under the provisions of 18 U.S.C. Section 1001 byla fine of not mist than 510.000 or by imprisonment of not more titan five years or both, and that requesting or obtaining any record(s) under false pictensts ii.Punishable under the provisions of S U.S.C. 552.3(iX3) by a fine of not more than S5.000. I i I Signature, .------ 7 _______ Date )/i 7 hi i • 1 i ermur Et 33135 OPTIONAL:. ittothorizau a n to Release Information to Another Person This form is alsotip be riposted by a reethetter who is authorizing information rehiring to himself or h:nsetf lo be released to another person. I 1 I Further. PursWint I? 5 Onie Section 55240.1 authorize the US. Dethutment of Justice to release any and all information relating to me to: ' I .1 • Print or Type Name Name of individual who is the subject of the record sought 2 Indivicival:submitting a request under the Privacy Act of 1974 must be either "tt citizen of the United States or an allot lawfully admitted for bernianeithwidcooc." pursuant to 5 U.S.C. Section.552a(a)(2). Requests will be processed as freedom of Information Act rohnsts purSitantito S 9.s.c. Section 552. rather than Privacy Act requests. for individuals who arc not United States citizens or aliens lawfully admitted for permanent residence. Providing ){our social security number is voluntary. You are asked to provide your social seetiiity number only to facilitate the identifiattionl of thank; relating to you. Without your social security number. the Department may Se unable to locate any or all records pertaining to ,pion.: . 4 SignotOre of individual who is the subject of the record sought. I ' FORM APPROVIDD m aW. 11014:016 FORM 001•361 contES441/07 • sm.% EFTA01718412 Embassy of the United States of America Office of the Legal Attaché US Consulate File No. ActingCoordinator Americas, Europe, Middle East & Africa Desk Australian Federal Police Canberra, ACT Australia 03 December 2008 Re: Jeffrey Epstein Dear Mr. The United States Attorney's Office, West Palm Beach, Florida re uests the assistance of the Australian Federal Police (AFP) in delivering the enclosed letter to Ms. DOB of Canberra, Australia; telephone numbers an e letter references the outcome of a Non-Prosecution Agreement entered into by the U.S. Government and Mr. Jeffrey Epstein. The letter provides Ms. with the terms of the Agreement and contact information should she have any questions. On 24/07/06, the Federal Bureau of Investigation (FBI) Palm Beach Resident Agency (PBRA) opened an investigation involving the illegal sexual activity between multimillionaire Jeffrey Epstein and minor aged children. At the conclusion of the sexual activity, the minors were aid sums of money ranging from $200 - $1,000. Testimony from multi le witnesses indicate that a minor at the time, was one of Jeffrey Epstein's victims. Ms. . Epstein is currently incarcerated at the Palm Beach County Stocks e serving an mont t prison sentence, followed by a year of house arrest. Mr. Epstein will also be a life time registered sex offender. Witt, at telephone If you have any uestions regarding this request, please contact Assistant Legal Attaché Matthew C. Sincerely yours, UIitta By: Wstantlell iAttache Enc. I This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency. EFTA01718413 File No. U.S. Department of Justice Federal Bureau of Investigation 25 August 2008 Mr. Federal Agent Australian Federal Police Americas, Europe and Middle East. Desk Canberra, ACT, Australina Dear Federal Agent M ., The Miami Division of the Federal Bureau of Investigation (FBI) requests the assistance of the Australian Federal Police (AFP) in delivering a Victim Notification Letter and brochure to date of birth who has been contacted in the past at and/or On 24 July 2006, the Federal Bureau of Investigation (FBI), Palm Beach Resident Agency(PBCRA)opened an investigation involving the illegal sexual activity between multi- millionnaire Jeffrey Epstein and minor aged children. At the conclusion of the sexual activity, the minors were paid sums of mono ranging from $200.00-$1,000.00. Testimony from multiple witnesses indicate hat a minor at the time, was one ofJeffrey Epstein's victims. Mr. Epstein is believed to have had contact with during the years of 1998/99 - 2003/04. Under United States Code Title 18 Section 771,4 victim o a crime in the United States has a number of rights which are deiailed in the enclosed letter and brochures. It is requested that the Australian Federal Police locate and deliver the enclosed letter and brochure. If you have any questions regarding this request, please contact Assistant Legal Attache Matthew C. Witt at Sincerely, Assistant Leg Attache , EFTA01718414 12/07/07 FRI 15:31 FAX 1 Mel R I RRLAND&ELLI S LLP 91002 Ken oth W. Styr To *Writrr I ctly: KIRKLAND & ELLIS LLP VIA FACS1 E Honorable R. Alexander costa United States Attorney United States Attorney's Office South istrict of Florida 2 Rc: Jeffrey Epstein Dear Alex: AHD Nnunre> IARMILINP1 Lffill~ere, pofnia vrawie.rkland.cam December 7, 2007 Feciarn,EIT. As we discussed b hon earlier tody we • • • u issions with res et to an 11 We propose to have both submissions to you by no la -0 on Monde December 10. In the rn e wi O OW up with you y p one regar ng our su missions e ore ecoseobusiness on Monday. As , discussed • 4.1 Z712a...t1 Kenneth W. Starr cc: Honorable Alice Fisher, Assistant Attorney General , First Assistant U.S. Attorney Chicago Hong Kong London Mandl Nvei 'fork San Francisco WashIng:on, D.C. EFTA01718415 Dec-B7-117 finrfBna Fron-Fowler-White Burnett T-966 P.003/004 BiTe Affirmation I, Jeffrey E. Epstein do hereby re-affamt the Non-Prosecution Agreement and Addendum w same dared October 30, 2007. Aq- EFTA01718416 12/07/07 FRI 15:31 FAX 1 XIRRLAND&ELL I LLP 001 KIRKLAND & ELLIS LLP , Fax Transmittal Please notify us Immediately If any pages aro not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED. AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NO DIATELY AT: To: Company: Fax #: Direct VI: Hon. R.. Alexander Acosta United States Attorney's Office Southern District of Florida From: Date: P tover ages Fax #: Direct #: Kenneth W. Starr December 7, 2007 34 Message: O EFTA01718417 12/07/07 FRI 15:31 FAX 1 KIRRLAND&ELLIS LLP 2i003 ALSTON&BIRD LLP PROCEDURAL HISTORY Privileged and Confidential Attorney-Client Work Product Atlanta • Charlatt• Dallas! NawYork • Resenchlthingle•Maablageon,D.0 wwmeslarttom EFTA01718418 VICTIMS ge: 14 Sexual Contact with Epstein: (Epstein) watched as Epstein pstem Introduced unidentifi em e w o w e Epstein had with the um en m e -Epstein Ma Age: 17 Sexual Contact with E stein: - pstem tout Age: 17 Sexual Contact with Epstein: Epstein ( "rlfriendfassistant -E stein introduced to where they engaged in the RIMPAge: 16 Sexual Contact with E stein: Age: 17 EFTA01718419 Rete: 14 MIM I Age: 17 Sexual Contact with Epstein: tein by Epstein watched as Epstein engaged in (girlfriend/assistant) -Epstein paid($200.00 for 5 minutes). Illa Age: 16 Sexual Contact with Epstein: stein 'PIM Age: 16 Sexual Contact with Epstein: Ma Age: 16 Sexual Contact with Epstein: stein pstein NOM Age: 15 Sexual Contact with Epstein: (Epstein) with EFTA01718420 RPM. Age: 17 Sexual Contact with Epstein: E INN Age: 16 Sex Contact with Epstein: stein - patent ME M Age: 15 Sexual Contact with E stein: with when she was 17 years of age Wan Age: 17 Sexual Contact with Epstein: (Epstein) anAge: 17 Sexual Contact with Epstein: Epstein RIMI M Age: 16 Sexual Contact with Epstein: (Epstein) DOB: Age: 15 Sexual Contact with Epstein: (Epstein -Epstein instructed EFTA01718421 MEL Age: 16 Sexual Contact with Epstein: -Masturbation ***AGE is the age the Victim first encountered Epstein EFTA01718422 12/11/2007 11:37 FAX 002/099 KIRKLAND & ELLIS LLP Kenya W. Shan I o Call Wrier AS ": I lonorabic R. Alexander Acosta United Stales Attorney United States Attorney's Orrice Southern District of Florida , 33132 Re! Jeffrey F.pstein Ikar Alce: L,,,Ngwub. ONJp,nPa007 ww....atioracom December I I. 2007 ForiChunile: As we discussed during nur telephone eunversatiuns 011 both Friday and Monday (yesterday). we are ibminine two sc vale ctic that address nur broad areas of deep concern this flintier c arc grateful or your courtesy in agreeing to receive atld consider these submissions, and then to ineet to diszuss ihent. As you undertake your study and reflection. kindly allow me to make this pivotal point: Chicago Hong Kong London Munkh Nova York San Francom wahnngion. O C EFTA01718423 JEFFREY EPSTEIN Timeline-Summary 2/20/2007--Meeting (US: and 'I'll' DEF: Lilly Sanchez and Gerald Lefcourt). 6/26/2007--Meeting (US: , DEF: Alan Dershowitz, Roy Black, Gerald Lefcourt and Lilly Sanchez). 7/26/2007--Meeting (US: (conference call), and ). 7/31/2007--Meeting (US: and DEF: Roy Black, Gerald Lefcourt and Lilly Sanchez 8/31/2007--Meeting (US: and 9/7/2007--Meeting (US: Alexander Acosta, DEF: Kenneth Starr, Jay Lefkowitz, Lilly Sanchez). EFTA01718424 9/12/2007--Meeting (US: and , DEF: Jay Lefkowitz, Gerald Lefcourt and Jack Goldberger, STATE OF FLORIDA: Barry Krisher and Lanna Belohlavek). 9/18/2007--Rescheduled date for computer hearing.(Hearing initially set for 9/13/2007). 9/24/2007--Non-Prosecution Agreement signed. 9/25/2007--Scheduled date for Federal Indictment. EFTA01718425 JEFFREY EPSTEIN Timeline-Summary 2/20/2007--Meeting (US: and DEF: Lilly Sanchez and Gerald Lefcourt). 6/26/2007--Meeting (US: DEF: Alan Dershowitz, Roy Black, Gerald Lefcourt and Lilly Sanchez). 7/26/2007--Meeting (US: (conference call), and 7/31/2007--Meeting (US: and DEF: Roy Black, Gerald Lefcourt and Lilly Sanchez 8/31/2007--Meeting (US: and 9/7/2007--Meeting (US: Alexander Acosta, DEF: Kenneth Starr, Jay Lefkowitz, Lilly Sanchez). EFTA01718426 9/12/2007--Meeting (US: and DEF: Jay Lefkowitz, Gerald Lefcourt and Jack Goldberger, STATE OF FLORIDA: Barry Krisher and Lanna Belohlavek). 9/18/2007--Rescheduled date for computer hearing.(Hearing initially set for 9/13/2007). 9/24/2007--Non-Prosecution Agreement signed. 9/25/2007--Scheduled d'ate for Federal Indictment. EFTA01718427 Timeline-Summary 2/20/2007--Meeting (US: a and DEF: Lilly Sanchez and Gerald Lefcourt). 6/26/2007--Meeting (US: a MEIM. DEF: Alan Dershowitz, Roy Black, Gerald Lefcourt and Lilly Sanchez). 7/26/2007--Meeting (US: (conference call), and ). 7/31/2007--Meetin S: , , , En Sid DEF: Roy Black, erlitcWand Lilly Sanchez). 8/31/2007--Meeting (US: = , and O• 9/7/2007--Meeting (US: Alexander Acosta, DEF: Kenneth Starr, Jay Le Acosta, 9/12/2007—Meeting (US: and DEF: Jay Lefkowitz, Gerald Lefcourtgll iAoldberger, STATE OF FLORIDA: Barry Krisher and Lanna Belohlavek). 9/18/2007—Scheduled date for computer hearing. 9/24/2007—Non-Prosecution Agreement signed. 9/25/2007-Scheduled date for Federal Indictment. EFTA01718428 U.S. Department of Justice United States Attorney Southern District of Florida unm 2-2111 (lam e: November 13, 2007 DELIVERY BY FACSIMILE Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: I write in response to your letter of November 8, 2007. Most importantly, I want to re-iterate Office can be present. mom Please advise me of the new date and time so that someone from our Your letter asserts that EFTA01718429 JAY P. LEFKOWITZ, ESQ. NOVEMBER 13,2007 PAGE 2 OF 3 Finall as to the matters related to EFTA01718430 JAY P. LEFKOWITZ, ESQ. NOVEMBER 13, 2007 PAGE 3 OF 3 Lastly, the statement at the end of your letter that you Please clarify your position on this point. Sincerely, R. Alexander Acosta United States Attorney By: First Assistant United States Attorney cc: It Alexander Acosta U.S. Attorney AUSA EFTA01718431 %to KIRKLAND 8. ELLIS LLP AND AMA= PAAMUSIOPS Jay P. Letkowitz, P.C. To Illy: VIA E-MAIL • IL ta g .t nrney's Office Southern District of Florida MM3132-2111 Dear. I write in res onse to ,our recent letter dated November 5 2007. I want to make clear at the outset that o, iowever, want to a ress eac o e points you raise in your e er. New or -4611 www.ilitkland.com November 8, 2007 Facsimile: Re: Jetty Epstein Chicago Hong Kong London Los Angeles Munich San Francisco Washington, D.C. EFTA01718432 KIRKLAND & ELLIS LLP oven •007 Page 2 EFTA01718433 KIRKLAND & ELLIS LLP November 8, 2007 Page 3 I look forward to continuing to work with your Office to resolve any outstanding issues, and I sincerely anticipate a conclusion of this matter in the very near future. Sincerely, EFTA01718434 U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY FACSIMILE Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: Miami, Fl 33132-2111 November 5, 2007 EFTA01718435 L JAY P. LEFKOWITZ, ESQ. NOVEMBER 5, 2007 PAGE 2 OF 2 Sincerely, R. Alexander Acosta United States Attorney By: irst Assistant United States Attorney cc: R. Alexander Acos U.S. Attorney AUSA EFTA01718436 FW: Epstein settlement agreement Page 1 of 2 - FW: Epstein settlement agreement (USAFLS) @usdoj.gov] Sent: Friday, November 02, 2007 9:56 AM To: Importance: High DRAFT FYI. Assistant U.S. Attorney est a m cac Phone Fax It went out this morning. From: Sen To: Cc: Sub] Dear Lanna: USAFLS) 007 9:51 AM SAFLS) ps ein se ement agreement I was just informed that. a case d 2008. sition conference has been set in the Epstein case on Janu I also would appreciate it if you could send me a copy of the plea agreement, the Information that you plan to file (if it hasn't been filed already), and any factual proffer or other documents related to the plea. Please also let me know the date and time of the plea and sentencing so that someone from our office can attend and insure Mr. Epstein's compliance with the terms of his federal non-prosecution agreement. If you need any information regarding the federal investigation, or if you have any questions about the terms of the federal non-prosecution agreement, please do not hesitate to contact me at the number below or Marie in the West Palm Beach office. Thank you, irst is an ntted States Attorney larm, 10111132 ... 11/9/2007 EFTA01718437 FW: Epstein settlement agreement 4 •-te' 4 1/4 Page 2 of 2 Phone sststant U.S. Attome " est • 173:=1;$ 4I Phone Fax From Sen To: Sub r 29, USAFLS) ps n settlement agreement K.1:• Li':. id 4. .1 P. Good evening. I am the ASA with the stein case in Palm Beach Coun . The ne otiated settlement is a definite o. ere ore, t e case was set or e rst wee o anuaty, ut e pea an sentence definitely occur efore the January 4th date that was agreed on by all for the sentencing. If you have any questions, please contact me at or Lanna Belohlavek ... 11/9/2007 EFTA01718438 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No: 18 U.S.C. § 371 18 U.S.C. § 2423(e) 18 U.S.C. § 2423(d) 18 U.S.C. § 1591(a)(2) 18 U.S.C. § 2422(b) 18 U.S.C. § 2423(b) 18 U.S.C. § 1591(a)(1) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, a/k/a and Defendants. INDICTMENT The Grand Jury charges that: BACKGROUND At all times relevant to this Indictment: 1. Defendant JEFFREY EPSTEIN employed defendants = a/k/a ' and to perform, among other things, services as personal assistants. 2. Defendant JEFFREY EPSTEIN owned a property located at Palm Beach, Florida, in the Southern District of Florida. EFTA01718439 3. Defendant JEFFREY EPSTEIN was the principal owner ofJEGE, INC., a Delaware corporation. JEGE, INC.'s sole business activities related to the operation and ownership of a Boeing 727-31 aircraft bearing tail number N908JE. 4. Defendant JEFFREY EPSTEIN served as president, sole director, and sole shareholder of JEGE, INC., and had the power to direct all of its operations. 5. Defendant JEFFREY EPSTEIN was a principal owner of Hyperion Air, Inc., a Delaware corporation. Hyperion Air, Inc.'s sole business activities related to the operation and ownership of a Gulfstream G-1159B aircraft bearing tail number N909JE. 6. Defendant JEFFREY EPSTEIN served as president, sole director, and sole shareholder of Hyperion Air, Inc., and had the power to direct all of its operations. 7. Pursuant to Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree." For purposes of "this section, `sexual activity' means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose." Florida Statutes Section 794.021 states that "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense." 8. Pursuant to Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothinE covering them, of a person less than 16 years of age, or forces or 2 EFTA01718440 entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age. 9. Pursuant to Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree. 10. Pursuant to Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to . . . the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. 11. Pursuant to Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." 12. Pursuant to Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." 13. Pursuant to Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." 14. Defendant JEFFREY EPSTEIN was over the age of 24 and did not have any medical licensure. 3 EFTA01718441 15. During the period of their involvement with the Defendants, Jane Does # 3 and 10 attended in Palm Beach County. 16. During the periods of their involvement with the Defendants, Jane Does # 5, 6, 8, 12, 13, 14, 15, 16, 17, 18, and 19 attended in Palm Beach County. 17. During the period of her involvement with the Defendants, Jane Doe #7 attended in Palm Beach County. 18. During the period of her involvement with the Defendants, Jane Doe #9 attendec in Palm Beach County. 19. During the period of her involvement with the Defendants, Jane Doe #11 attended in Palm Beach County. COUNT 1 (Conspiracy: 18 U.S.C. § 371) 20. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 21. From at least as early as 2001, the exact date being unknown to the Grand Jury, through in or around October 2005, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, f JEFFREaiaY:IEPSTEIN, I .a did knowingly and willfully combine, conspire, confederate and agree with each other and with others known and unknown to commit an offense against the United States, that is, to 4 EFTA01718442 use a facility or means of interstate or foreign commerce to knowingly persuade, induce, and entice individuals who had not attained the age of 18 years to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b). Purpose and Object of the Conspiracy 22. It was the purpose and object of the conspiracy to procure females under the age of 18 to travel to , Palm Beach, Florida so that JEFFREY EPSTEIN could, in exchange for money, engage in lewd conduct with those minor females in order to satisfy JEFFREY EPSTEIN's prurient interests. Manner and Means 23. The manner and means by which the defendants and other participants sought to accomplish the purpose and object of the conspiracy included the following: (a) It was part of the conspiracy that Defendants a/k/a and would contact minor females via the use of cellular and other telephones to arrange appointments for minor females to travel to to allow Defendant JEFFREY EPSTEIN to engage in lewd conduct with them. (b) It was further a part of the conspiracy that Defendants JEFFREY EPSTEIN, and ailde would make payments to, or cause payments to be made to, minor females in exchange for engaging in lewd conduct. (c) It was further a part of the conspiracy that Defendants JEFFREY EPSTEIN, and a/k/a would ask females to recruit other minor females to engage in lewd conduct with Defendant JEFFREY EPSTEIN. 5 EFTA01718443 (d) It was further a part of the conspiracy that Defendants JEFFREY EPSTEIN, and a/c/a ` would make payments to, or cause payments to be made to, the recruiters for bringing additional minor females to Eh engage in lewd conduct with Defendant JEFFREY EPSTEIN. (e) It was further a part of the conspiracy that Defendant JEFFREY EPSTEIN would pay minor females to engage in lewd conduct with Defendant to satisfy Defendant JEFFREY EPSTEIN's prurient interests. Overt Acts 24. In furtherance of this conspiracy and to effect the objects thereof, there was committed by at least one of the co-conspirators herein, at least one of the following overt acts, among others, in the Southern District of Florida: (1) In 2001, Defendant led Jane Doe #2 from the kitchen of upstairs to Defendant JEFFREY EPSTEIN's bedroom at (2) In the beginning of 2001, Defendant JEFFREY EPSTEIN engaged in sexual intercourse with Jane Doe #1, who was then a seventeen-year-old girl, in the presence of Jane Doe #2, who was then a fourteen-year-old girl. (3) In or around 2001, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #2, who was then a fourteen-year-old girl. (4) In or around 2001, Defendant JEFFREY EPSTEIN made a payment of $300 to Jane Doe #2. 6 EFTA01718444 (5) In or around 2001, Defendant placed a telephone call to a telephone used by Jane Doe #2 to make an appointment for Jane Doe #2 to travel to (6) In or around 2002, Defendant JEFFREY EPSTEIN paid $400 to Jane Doe #2, who was then fifteen years' old, to (7) In or around 2002, Defendant JEFFREY EPSTEIN asked.Jane Doe #2 if she had any younger friends who would be interested in engaging in similar activities with him. (8) In or around 2003, Defendant took nude photographs of Jane Doe #2, who was then a sixteen-year-old girl. (9) In or around 2003, Defendant nade a payment of $500 to Jane Doe #2 in exchange for posing for nude photographs. (10) In or around 2003, Defendant told Jane Doe #2 that Defendant JEFFREY EPSTEIN had asked to take nude photographs of Jane Doe #2. (11) In or around 2003, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #2, who was then a sixteen-year-old girl. (12) In or around 2003, Defendant JEFFREY EPSTEIN made a payment of $300 to Jane Doe #2, who was then a sixteen-year-old girl. 7 EFTA01718445 (13) In or around 2003, Defendant laced a telephone call to a telephone used by Jane Doe #2 to make an appointment for Jane Doe #2 to travel to (14) In or around 2003, JEFFREY EPSTEIN engaged in sexual intercourse with an unidentified female in the presence of Jane Doe #2, who was then a sixteen- year-old girl. (15) In or around 2003, Defendant JEFFREY EPSTEIN paid $300 to Jane Doe #2, who was then a sixteen-year-old girl, for allowing an unidentified female to perform oral sex on Jane Doe #2 in EPSTEIN's presence. (16) In or around the spring of 2003, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #4, who was then a fifteen-year-old girl. (17) In or around the spring of 2003, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #4. (18) In or around 2004, Defendant JEFFREY EPSTEIN directed Jane Doe #4, who was then a sixteen- or seventeen-year-old girl, to (19) In or around 2004, Defendant JEFFREY EPSTEIN of an adult female in the presence of Jane Doe #4, who was then a sixteen- or seventeen-year-old girl. (20) In or around 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #4. 8 EFTA01718446 (21) In or around 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #4 to (22) In or around 2004, Defendant JEFFREY EPSTEIN =Eliot Jane Doe #4, who was then a sixteen- or seventeen-year-old girl. (23) In or around the first half of 2004, Defendant JEFFREY EPSTEIN offered to pay Jane Doe #6 to bring additional girls to (24) In or around the first half of 2004, Defendant made a payment of $200 to Jane Doe #6 for recruiting a minor female to travel to (25) In or around the first half of 2004, Defendant JEFFREY EPSTEIN ane Doe #8, who was then a seventeen-year-old girl. (26) On or about March 11, 2004, Defendants JEFFREY EPSTEIN, a and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (27) In or around March 2004, Defendants JEFFREY EPSTEIN and la caused Jane Doe #5, who was then a seventeen-year-old girl, to travel to Palm Beach, Florida. (28) In or around March 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #5, who was then a seventeen-year-old girl. (29) In or around March 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #5. 9 EFTA01718447 (30) On or about May 1, 2004, Defendants JEFFREY EPSTEIN, I= and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (31) On or about May 14, 2004, Defendants JEFFREY EPSTEIN, and traveled from Canada to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (32) On or about May 14, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #6. (33) In or around May 2004, Defendant led Jane Doe #6 from the kitchen at upstairs to Defendant JEFFREY EPSTEIN's bedroom at 358 El Brillo Way. (34) In or around May 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #6, who was then a sixteen-year-old girl. (35) In or around May 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #6. (36) On or about June 11, 2004, Defendants JEFFREY EPSTEIN and traveled from Chicago, Illinois to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (37) On or about June 11, 2004, Defendant made one or more telephone calls to a telephone used by Jane Doe #6. 10 EFTA01718448 (38) On or about June 20, 2004, Defendant made one or more telephone calls to a telephone used by Jane Doe #6. (39) On or about June 20, 2004, Defendants JEFFREY EPSTEIN an' traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (40) On or about July 4, 2004, Defendants JEFFREY EPSTEIN, and traveled from Aspen, Colorado to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (41) On or about July 4, 2004, Defendant made one or more telephone calls to a telephone used by Jane Doe #7. (42) In or around July 2004, Defendant JEFFREY EPSTEIN led Jane Doe #3, who was then a fifteen-year-old girl, and Jane Doe #7, who was then a sixteen-years-old girl, from the kitchen of upstairs to Defendant JEFFREY EPSTEIN's bedroom at (43) In or around July 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #7, who was then a sixteen-year-old girl. (44) In or around July 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #7, who was then a sixteen-year-old girl, to (45) In or around July 2004, Defendant JEFFREY EPSTEIN Jane Doe #7, who was then a sixteen-year-old girl. 11 EFTA01718449 (46) In or around July 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #7. (47) In or around July 2004, Defendant JEFFREY EPSTEIN told Jane Doe #7 that if she reported to anyone what had occurred at Defendant JEFFREY EPSTEIN's home, bad things could happen to her. (48) In or around July 2004, Defendant JEFFREY EPSTEIN Jane Doe #8, who was then a seventeen-year-old girl. (49) In or around July 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #8, who was then a seventeen-year-old girl. (50) In or around July 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #8. (51) On or about July 15, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #7. (52) On or about July 15, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #8. (53) On or about July 16, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #7. (54) On or about July 16, 2004, Defendants JEFFREY EPSTEIN, fl and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. 12 EFTA01718450 (55) On or about July 16, 2004, Defendant caused Jane Doe #8 to make one or more telephone calls to a telephone used by Jane Doe #9. (56) On or about July 17, 2004, Defendant M .laced one or more telephone calls to a telephone used by Jane Doe #8. (57) On or about July 18, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #6. (58) On or about July 18, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #8. (59) On or about July 22, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #6. (60) On or about July 22, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #8. (61) On or about July 22, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #9. (62) On or about July 22, 2004, Defendants JEFFREY EPSTEIN, and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (63) In or around the last half of 2004, Defendants JEFFREY EPSTEIN and engaged in oral sex and sexual intercourse in the presence of Jane Doe #8, who was then a seventeen-year-old girl. 13 EFTA01718451 (64) In or around the last half of 2004, Defendant JEFFREY EPSTEIN Jane Doe #8, who was then a seventeen-year-old girl. (65) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $300 or more to Jane Doe #8. (66) • In or around the last half of 2004, Defendant JEFFREY EPSTEIN Jane Doe #9, who was then a seventeen- year-old girl. (67) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #9. (68) In or around the last half of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #10, who was then a seventeen-year-old girl. (69) In or around the last half of 2004, Defendant JEFFREY EPSTEIN .1ane Doe #10, who was then a seventeen-year-old girl. (70) In or around the last half of 2004, Defendant JEFFREY EPSTEIN attempted to Jane Doe #10, who was then a seventeen-year- old girl. (71) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #10. (72) In or around the last half of 2004, Defendant led Jane Doe #13 from the kitchen of upstairs to Defendant JEFFREY EPSTEIN's bedroom at 14 EFTA01718452 (73) In or around the last half of 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #13 to provide her telephone number. (74) In or around the last half of 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #13, who was then a seventeen-year-old girl, to (75) In or around the last half of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #13, who was then a seventeen-year old girl. (76) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $300 to Jane Doe #13. (77) On or about August 19, 2004, Defendants JEFFREY EPSTEIN and traveled from to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (78) On or about August 21, 2004, Defendant tplaced one or more calls to a telephone used by Jane Doe #11. (79) On or about August 25, 2004, Defendants JEFFREY EPSTEIN, and traveled from to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (80) In or around the last quarter of 2004, Defendant caused Jane Doe #5 to place a telephone call to Jane Doe #12. (81) In or around the last quarter of 2004, Defendants JEFFREY EPSTEIN and caused Jane Doe #5 to travel with Jane Doe #12 to 15 EFTA01718453 (82) In or around the last quarter of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #12, who was then a sixteen-year-old girl. (83) In or around the last quarter of 2004, Defendant JEFFREY EPSTEN Jane Doe #12, who was then a sixteen-year-old girl. (84) In or around the last quarter of 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #12. (85) In or around the last quarter of 2004, Defendant JEFFREY EPSTEIN caused a payment to be made to Jane Doe #5 for recruiting Jane Doe #12 to travel to (86) On or about October 2, 2004, Defendants JEFFREY EPSTEIN, and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (87) On or about October 29, 2004, Defendants JEFFREY EPSTEIN, and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, INC. (88) In or around the end of 2004, Defendant led Jane Doe #19, who was then a sixteen-year-old girl, from the kitchen ofilE , upstairs to Defendant JEFFREY EPSTEIN's bedroom at (89) In or around the end of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #19, who was then a sixteen-year-old girl. 16 EFTA01718454 (90) In or around the end of 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #19. (91) In or around the end of 2004, Defendant placed a telephone call to a telephone used by Jane Doe #5 to arrange for Jane Doe #19 to travel to (92) On or about November 10, 2004, Defendants JEFFREY EPSTEIN and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (93) On or about November 18, 2004, Defendants JEFFREY EPSTEIN, a/k/a ' and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (94) In or around December 2004, Defendant caused Jane Doe #12 to place a telephone call to Jane Doe #15. (95) In or around December 2004, Defendant JEFFREY EPSTEIN made a payment of $100 to Jane Doe #12 for bringing Jane Doe #I5 to (96) In or around December 2004, Defendant led Jane Doe #15 from the kitchen upstairs to Defendant JEFFREY EPSTEIN's bedroom at (97) In or around December 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #15, who was then a sixteen-year-old girl. 17 EFTA01718455 (98) In or around December 2004, Defendant JEFFREY EPSTEIN Jane Doe #15, who was then a sixteen-year-old girl. (99) In or around December 2004, Defendant JEFFREY EPSTEIN Jane Doe #15, who was then a sixteen-year-old girl. (100) In or around December 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #15, who was then a sixteen-year-old girl. (101) On or about December 3, 2004, Defendants JEFFREY EPSTEIN, and a/k/a traveled from. New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (102) On or about December 4, 2004, Defendant provided a written message to Defendant JEFFREY EPSTEIN regarding Jane Does # 8 and 9, stating: "[Jane Doe #9] would like to work @ 4:00 pm if possible. [[Jane Doe #8] is scheduled for 5:00 today.] the movie is ® 7:30". (103) On or about December 6, 2004, Defendant placed one or more calls to a telephone used by Jane Doe #14. (104) On or about December 13, 2004, Defendant JEFFREY EPSTEIN traveled from the U.S. Virgin Islands to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Hyperion Air, Inc. 18 EFTA01718456 (105) On or about December 17, 2004, Defendants JEFFREY EPSTEIN and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (106) On or about December 18, 2004, Defendant caused Jane Doe #12 to place one or more telephone calls to a telephone used by Jane Doe #15. (107) In or around the last half of 2004 or January 2005, Defendant Jane Doe #9, who was then a seventeen-year-old girl, in the presence of Defendant JEFFREY EPSTEIN. (108) In or around the last half of 2004 or January 2005, Defendant and Defendant JEFFREY EPSTEIN performed sexual acts in the presence of Jane Doe #9, who was then a seventeen-year-old girl. (109) In or around the end of 2004 and the beginning of 2005, Defendant JEFFREY EPSTEIN Jane Doe #13, who was then a seventeen- year-old girl. (110) On or about December 23, 2004, Defendant JEFFREY EPSTEIN caused a Western Union wire transfer order to be sent to Jane Doe #13. (111) On or about December 29, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #8. 19 EFTA01718457 (112) On or about December 30, 2004, Defendant used a credit card to purchase Broadway tickets as an eighteenth birthday gift for Jane Doe #8. (113) On or about January 1, 2005, Defendants JEFFREY EPSTEIN, and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (114) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN Jane Doe #13, who was then a seventeen- year-old girl. (115) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN engaged in sexual intercourse with Jane Doe #13, who was then a seventeen-year-old girl. (116) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN performed oral sex on Jane Doe #13, who was then a seventeen-year-old girl. (117) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN made a payment of $600 to Jane Doe #13. (118) In or around the first quarter of 2005, Defendants JEFFREY EPSTEIN and caused Jane Doe #17 to place a telephone call to Jane Doe #18 to ask her to travel to (119) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN made a payment to Jane Doe #17 for recruiting Jane Doe #18 to travel to 20 EFTA01718458 (120) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #18, who was then a sixteen-year-old girl. (121) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN instructed Jane Doe #18, who was then a sixteen-year-old girl, to remove all of her clothing. (122) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN- Jane Doe #18, who was then a sixteen-year-old girl. (123) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #18, who was then a sixteen-year-old girl. (124) In or around the first half of 2005, Defendant ade a payment of $200 to Jane Doe #6 for recruiting another minor female to travel to. (125) In or around the first half of 2005, Defendant led Jane Doe #14 from the kitchen of. = upstairs to Defendant JEFFREY EPSTEIN's bedroom at (126) In or around the first half of 2005, Defendant JEFFREY EPSTEIN instructed Jane Doe #14, who was then a seventeen-year-old girl, to (127) In or around the first half of 2005, Defendant JEFFREY EPSTEIN Jane Doe #14. (128) In or around the first half of 2005, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #14. 21 EFTA01718459 (129) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #17, who was then a seventeen- year-old girl. (130) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN Jane Doe #17, who was then a seventeen-year- old girl. (131) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN asked Jane Doe 417, who was then a seventeen-year-old girl, how old she was. (132) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN engaged in sexual activity with Defendant in the presence of Jane Doe #17, who was then a seventeen-year-old girl. (133) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN asked Jane Doe 417, who was then a seventeen-year-old girl, Defendant (134) On or about January 6, 2005, Defendant JEFFREY EPSTEIN traveled from to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (135) On or about January 7, 2005, Defendant a/lc/a placed one or more calls to a telephone used by Jane Doe #14. 22 EFTA01718460 (136) On or about January 8, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #13. (137) On or about January 9, 2005, Defendant a/k/a a placed one or more telephone calls to a telephone used by Jane Doe #13. (138) On or about January 14, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #4. (139) On or about January 14, 2005, Defendants JEFFREY EPSTEIN, a/k/a and traveled from the U.S. Virgin Islands to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. (140) On or about January 14, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #9. (141) On or about January 19, 2005, Defendants JEFFREY EPSTEIN, anda and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, (142) On or about January 27, 2005, Defendant ailda a * placed one or more telephone calls to a telephone used by Jane Doe #9. (143) On or about January 28, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #9. 23 EFTA01718461 (144) In or around the February 2005, Defendant JEFFREY EPSTEIN caused a payment of $200 to be made to Jane Doe #8 for recruiting Jane Doe #14 to travel to (145) In or around February 2005, Defendants JEFFREY EPSTEIN and caused Jane Doe #10 to recruit Jane Doe #11 to travel to (146) In or around February 2005, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #11, who was then a seventeen-year-old girl. (147) In or around February 2005, Defendant JEFFREY EPSTEIN Jane Doe #11, who was then a seventeen-year-old girl. (148) In or around February 2005, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #11. (149) On or about February 1, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #13. (150) On or about February 1, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #9. (151) On or about February 3, 2005, Defendants JEFFREY EPSTEIN, and traveled from to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. (152) On or about February 4, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #14. 24 EFTA01718462 (153) On or about February 6, 2005, Defendants JEFFREY EPSTEIN and caused Jane Doe #5 to make one or more telephone calls to Jane Doe #16. (154) On or about February 6, 2005, Defendants JEFFREY EPSTEIN ands caused Jane Doe #5 to transport Jane Doe #16 to , Palm Beach, Florida. (155) On or about February 6, 2005, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #16, who was then a fourteen-year-old girl. (156) On or about February 6, 2005, Defendant JEFFREY EPSTEIN -Jane Doe #16, who was then a fourteen-year-old girl. (157) On or about February 6, 2005, Defendant JEFFREY EPSTEIN Jane Doe #16, who was then a fourteen-year-old girl. (158) On or about February 6, 2005, Defendant JEFFREY EPSTEIN made a payment of $300 to Jane Doe #16. (159) On or about February 6, 2005, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #5. (160) On or about February 10, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #13. (161) On or about February 10, 2005, Defendants JEFFREY EPSTEIN, a/k/a and traveled from New York, New York to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. 25 EFTA01718463 (162) On or about February 10, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #14. (163) On or about February 21, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #14. (164) On or about February 21, 2005, Defendants EPSTEIN, and traveled from the U.S. Virgin Islands to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. (165) On or about February 23, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #4. (166) On or about February 24, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #14. (167) On or about February 24, 2005, Defendants JEFFREY EPSTEIN, la and traveled from to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (168) In or around March 2005, Defendant JEFFREY EPSTEIN Jane Doe #11, who was then a seventeen-year-old girl. (169) On or about March 1, 2005, Defendant a/k/a placed one or more telephone calls to a telephone used by Jane Doe #13. (170) On or about March 4, 2005, Defendants JEFFREY EPSTEIN, a/Ida and raveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. 26 EFTA01718464 (171) On or about March 16, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #13. (172) On or about March 17, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #14. (173) On or about March 18, 2005, Defendant JEFFREY EPSTEIN traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, (174) On or about March 18, 2005, Defendant left a telephone message for Defendant JEFFREY EPSTEIN regarding Jane Doe #6, stating: "Is it ok if [Jane Doe #6] will come at 5?" (175) On or about March 21, 2005, DefendantalM a/lc./a placed one or more telephone calls to a telephone used by Jane Doe #13. (176) On or about March 29, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #6. (177) On or about March 29, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #5. (178) On or about March 29, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #13. (179) On or about March 30, 2005, Defendant placed one or more calls to a telephone used by Jane Doe #5. (180) On or about March 30, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #14. 27 EFTA01718465 (181) On or about March 31, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #14. (182) On or about March 31, 2005, Defendant placed one or more calls to a telephone used by Jane Doe #5. (183) On or about March 31, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #8. (184) On or about March 31, 2005, Defendant afida placed one or more telephone calls to a telephone used by Jane Doe #14. (185) On or about March 31, 2005, Defendant JEFFREY EPSTEIN traveled from New York, New York to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. (186) On or about March 31, 2005, Defendants JEFFREY EPSTEIN and caused Jane Doe #5 to make a call to a telephone used by Jane Doe #16. (187) On or about April 1, 2005, Defendants JEFFREY EPSTEIN and caused Jane Doe #5 to make one or more calls to a telephone used by Jane Doe #16. (188) On or about April 1, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #8. (189) On or about April 2, 2005, Defendant a/Ida placed one or more telephone calls to a telephone used by Jane Doe #17. (190) On or about April 2, 2005, Defendant a/k/a placed one or more telephone calls to a telephone used by Jane Doe #14. 28 EFTA01718466 (191) On or about May 19, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #14. (192) On or about May 19, 2005, Defendant t)laced one or more telephone calls to a telephone used by Jane Doe #17. (193) On or about May 19, 2005, Defendants JEFFREY EPSTEIN, and a/k/a traveled from =to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (194) On or about June 30, 2005, Defendant caused one or more telephone calls to a telephone used by Jane Doe #17. (195) On or about June 30, 2005, Defendants JEFFREY EPSTEIN and I= traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (196) In or around July 2005, Defendant led Jane Doe #18 from the kitchen of upstairs to Defendant JEFFREY EPSTEIN's bedroom at (197) On or about July 2, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #17. (198) On or about July 22, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #17. 29 EFTA01718467 (199) On or about July 22, 2005, Defendants JEFFREY EPSTEIN and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (200) On or about August 18, 2005, Defendants JEFFREY EPSTEIN, a/k/a and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by • Hyperion Air, Inc. (201) On or about August 18, 2005, Defendant more telephone calls to a telephone used by Jane Doe #17. (202) On or about August 19, 2005, Defendant placed one or a/k/a `= placed one or more telephone calls to a telephone used by Jane Doe #17. (203) On or about August 21, 2005, Defendant )laced one or more telephone calls to a telephone used by Jane Doe #17. (204) On or about September 3, 2005, Defendants JEFFREY EPSTEIN and a/c/a ` traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (205) On or about September 3, 2005, Defendant a/k/a placed one or more telephone calls to a telephone used by Jane Doe #17. (206) On or about September 18, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #17. (207) On or about September 18, 2005, Defendants JEFFREY EPSTEIN, and 30 traveled from EFTA01718468 to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. ' (208) On or about September 18, 2005, Defendant sent a text message to a telephone used by Jane Doe #17. (209) On or about September 29, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #17. (210) On or about September 29, 2005, Defendants JEFFREY EPSTEIN, a/k/a and traveled from to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (211) On or about September 30, 2005, Defendant la a/k/a placed one or more telephone calls to a telephone used by Jane Doe #17. (212) On or about October 1, 2005, Defendant left a telephone message for Defendant JEFFREY EPSTEIN stating: "[Jane Doe #14] confirmed at 11 AM and [Jane Doe #17] — 4PM". (213) On or about October 2, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #17. (214) On or about October 3, 2005, Defendant caused one or more telephone calls to a telephone used by Jane Doe #17. 31 EFTA01718469 (215) On or about October 3, 2005, Defendant eft a telephone message for Defendant JEFFREY EPSTEIN stating: "(Jane Doe #17] will be 1/2 hour late. (216) In or around the first week of October of 2005, Defendant JEFFREY EPSTEIN engaged in sexual intercourse with Jane Doe #17, who was then a seventeen-year-old girl. (217) In or around the first week of October of 2005, Defendant JEFFREY EPSTEIN made a payment of $350.00 to Jane Doe #17, who was then a seventeen-year-old girl. All in violation of Title 18, United States Code, Sections 371 and 2. 32 EFTA01718470 COUNT 2 (Conspiracy to Travel: 18 U.S.C. § 2423(e)) 25. Paragraphs 1 through 19 of this indictment are re-alleged and incorporated by reference as fully set for the herein. 26. From at least as early as 2001 through in or around October 2005, the exact dates being unknown to the Grand Jury, the defendants, ann . JEFFREY EPSTE11‘1, and did knowingly and willfully conspire with each other and with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with another person, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e). COUNT 3 (Facilitation of Unlawful Travel of Another: 18 U.S.C. § 2423(d)) 27. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 28. From at least as early as in or about 2001 through in or around October 2005, the exact dates being unknown to the Grand Jury, in Pahn Beach County, in the Southern District of Florida, and elsewhere, the defendant, did, for the purpose of commercial advantage or private financial gain, arrange and facilitate the travel of a person, that is Defendant Jeffrey Epstein, knowing that such person was traveling in 33 EFTA01718471 interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(O; in violation of Title 18, United States Code, Section 2423(d). COUNT 4 (Sex Trafficking: 18 U.S.C. § 1591(a)(2)) 29. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 30. From at least as early as in or about 2001 through in or about October 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, a and did knowingly benefit, financially or by receiving anything of value, from participation in a venture, as defined in 18 U.S.C. § 1591(c)(3), which had engaged in an act described in violation of 18 U.S.C. $ 1591(a)(1), that is, the recruiting, enticing, providing, and obtaining by any means a person, in or affecting interstate commerce, knowing that the person or persons had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(2), 1591(b)(2), and 2. COUNT 5 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 31. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 34 EFTA01718472 32. From in or around the spring of 2003 through on or about October 2, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #4, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which a person can be charged with a criminal offense, that is violations of Florida Statutes Sections 800.04(5Xa), 800.04(6)(a), and 800.04(7)(a); in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 6 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 33. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 34. In or around March 2004, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #5, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 7 35 EFTA01718473 (Enticement of a Minor: 18 U.S.C. § 2422(3)) 35. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 36. From in or around April 2004 through on or around June 29, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, and a did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #6, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 8 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 37. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 38. In or around July 2004, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #7, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. 36 EFTA01718474 COUNT 9 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 39. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 40. From in or around July 2004 through on or around December 29, 2004, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #8, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which a person can be charged with a criminal offense, that is a violation of Florida Statutes Section 794.05; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 10 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 41. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 42. From in or around July 2004 through on or about January 31, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, 37 EFTA01718475 did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #9, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 11 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 43. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 44. From in or around the middle of 2004 through on or about April 22, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #10, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 12 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 38 EFTA01718476 45. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 46. From in or around August 2004 through on or about May 27, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, and a did use a facility or means of interstate commerce, tat is, t to telephone, to knowingly persuade, induce and entice Jane Doe #11, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 13 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 47. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 48. From in or around November 2004 through in or around March 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, and a/k/a did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #13, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which a person can be charged with a criminal 39 EFTA01718477 offense, that is a violation of Florida Statutes Section 794.05; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 14 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 49. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 50. From in or around December 2004 through on or about June 5, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, and a did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #14, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 15 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 51. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 52. In or around December 2004, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and 40 EFTA01718478 did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #15, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 16 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 53. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 54. In or around February 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #16, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which any person can be charged with a criminal offense, that is violations of Florida Statutes Sections 800.04(5)(a), 800.04(6)(a), and 800.04(7)(a); in violation of Title 18, Urited States Code, Sections 2422(b) and 2. COUNT 17 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 55. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 56. From in or around February 2005 through in or around the first week of October 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, 41 EFTA01718479 JEFFREY EPSTEIN, and far did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce or entice Jane Doe #17, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which a person can be charged with a criminal offense, that is a violation of Florida Statutes Section 794.05; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 18 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 57. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 58. From in or around February 2005 through in or around April 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, and a/k/a did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #18, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNTS 19 THROUGH 22 (Travel to Engage in Illicit Sexual Conduct: 18 U.S.C. § 2423(b)) 42 EFTA01718480 59. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 60. On or about the dates enumerated as to each count listed below, from a place outside the Southern District of Florida to a place inside the Southern District of Florida, the Defendant(s) listed below traveled in interstate commerce for the purpose of engaging in illicit sexual conduct as defined in 18 U.S.C. § 2423(f), with a person under 18 years of age, that is, the person(s) listed in each count below: COUNT DATE(S) MINOR(S) INVOLVED DEFENDANT(S) 19 7/16/2004 Jane Doe #7 Jane Doe #8 Jane Doe #9 JEFFREY EPSTEIN 20 3/31/2005 Jane Doe #6 Jane Doe #13 Jane Doe #14 Jane Doe #16 Jane Doe #17 JEFFREY EPSTEIN 21 9/18/2005 Jane Doe #17 JEFFREY EPSTEIN a/k/n 22 9/29/05 Jane Doe #17 JEFFREY EPSTEIN I a/k/ ' All in violation of Tit e 18, United States Code, Sections 2423(3) and 2. COUNTS 23 THROUGH 32 (Sex Trafficking: 18 U.S.C. § 1591(a)(1)) 43 EFTA01718481 61. Paragraphs 1 through 19 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 62. On or about the dates enumerated as to each count listed below, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the Defendants listed below did knowingly, in and affecting interstate and foreign commerce, recruit, entice, provide, and obtain by any means a person, that is, the person in each count listed below, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1): COUNT DATE(S) MINOR(S) INVOLVED DEFENDANT(S) 23 2001 - 2004 Jane Doe #2 JEFFREY EPSTEIN 24 April 2004 through June 29, 2005 Jane Doe #6 JEFFREY EPSTEIN a/l a 25 July 2004 Jane Doe #7 JEFFREY EPSTEIN 26 July 2004 through December 29, 2004 Jane Doe #8 JEFFREY EPSTEIN a 27 July 2004 through January 31, 2005 Jane Doe #9 JEFFREY EPSTEIN a 44 EFTA01718482 COUNT DATE(S) MINOR(S) INVOLVED DEFENDANT(S) 28 Mid-2004 through April 22, 2005 Jane Doe #10 JEFFREY EPSTEIN 29 August 2004 through May 27, 2005 Jane Doe #11 JEFFREY EPSTEIN a JEFFREY EPSTEIN a/lca 30 31 November 2004 through March 2005 Jane Doe #13 December 2004 through June 5, 2005 Jane Doe #14 JEFFREY EPSTEIN a ' a 32 February 2005 through first week of October 2005 Jane Doe #17 JEFFREY EPSTEIN a All in violation of Title 18, United States Code, Sections 1591(a)(1) and 2. FORFEITURE 1 Upon conviction of the violation alleged in Count 1 of this indictment, the defendants, JEFFREY EPSTEIN, a/Ida and =IM , shall forfeit to the United States any property, real or personal, which constitutes or is derived from proceeds traceable to the violation. Pursuant to Title 28, United States Code, Section 2461; Title 18, United States Code, Section 981(a)(1)(C); and Title 21, United States Code, Section 853. 45 EFTA01718483 If the property described above as being subject to forfeiture, as a result of any act or omission of the defendants, JEFFREY EPSTEIN, ailda c=1M and (1) cannot be located upon the exercise of due diligence; . (2) has been transferred or sold to, or deposited with a third person; (3) has been placed beyond the jurisdiction of the Court; (4) has been substantially diminished in value; or (5) has been commingled with other property which cannot be subdivided without difficulty; it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of the defendants up to the value of the above forfeitable property. All pursuant to Title 28 United States Code, Section 2461; Title 18, United States Code, Section 981(a)(1)(C); and Title 21 United States Code, Section 853. FORFEITURE 2 Upon conviction of any of the violations alleged in Counts 2, 3, 5-50, 59, 60, of this indictment, the defendants, JEFFREY EPSTEIN, a/k/a and shall forfeit to the United States any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and any property, real or personal, used or intended to be used to 46 EFTA01718484 commit or to promote the commission of such offense, including but not limited to the following: a. A parcel of land located at , Palm Beach, Florida 33480, including all buildings, improvements, fixtures, attachments, and easements found therein or thereon, and more particularly described as: Being all of , a as recorded in in the records of Palm Beach County, Florida and BEING that uortion I asrecoroea m Records of Palm Beach County, Florida, being bounded on the West by the West side of an existing concrete seawall and the northerly extension thereof as shown on the Adair & Brady, Inc., drawing and bounded on the East by the shoreline ass own on e p and bounded on the North and South the Westerly extensions of the North and South lines respectively of containing 0.07 acres, more or less. Pursuant to Title 18, United States Code, Section 2253. If any of the forfeitable property described in the forfeiture section of this indictment, as a result of any act or omission of the defendants JEFFREY EPSTEIN, a/k/a and (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third person; (c) has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in value; or 47 EFTA01718485 (e) has been commingled with other property which cannot be divided without difficulty; it is the intent of the United States, pursuant to Title 18, United States Code, Section 2253(o), to seek forfeiture of any other property of said defendant up to the value of the above forfeitable property. Pursuant to Title 18, United States Code, Section 2253. FORFEITURE 3 Upon conviction of any of the violations alleged in Counts 4, 51-58, of this indictment, the defendants, JEFFREY EPSTEIN, a/k/a and shall forfeit to the United States any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation, including but not limited to the following: a. A parcel of land located at , Palm Beach, Florida 33480, including all buildings, improvements, fixtures, attachments, and easements found therein or thereon, and more particularly described as: Being all of recorded in and as , in the records of Palm Beach County, Florida BEING that ortion I in West of 48 EFTA01718486 Records of Palm Beach County, Florida, being bounded on the West by the West side of an existing concrete seawall and the northerly extension thereof as shown on the Adair & Brady, Inc., drawing and bounded on the East by the shoreline as s own on t e p and bounded on the North and SotaS the Westerly extensions of the North and South lines respectively ofM containing 0.07 acres, more or less. Pursuant to Title 18, United States Code, Section 1594(b). A TRUE BILL. FOREPERSON R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY 49 EFTA01718487 06/16/20'61 11:16 FAX 05/113%06 OTRI 11:08 FAX UNITED STATES DEPARTMENT OF JUSTICE oovoo o O001 Criminal Division Child Exploitation and Obscenity Section as as gton, DC 205a -0T01 TO: OFFICE NUMBER: FAX NUMBER: FROM: DATE/TIME: CEOS: NB FAX: 'R. Alexander Acosta, Esq. Jay lefkowits, Esq. May 16, 2008 OFFICE NUMBER: • NUMBER OF PAGES, EXCLUDING THIS SHEET: 5 SPECIAL INSTRUCTIONS: EFTA01718488 II EFTA01718489 05/16/008 11:16 FAX 05/16/08 ...FRI 11:08 FAX IZ 002/006 O002 U.S. Department of Justice Criminal Division Andrew G. Oosterbaan, Chief Child Exploitation and Moronity Sea ion Jay Lefkowitz, Esq. Kirkland & Ellis LLF Citigroup Center 153 E. 531'3 St. New York, NY 10022-4611 Re: Investigation ofieety Epstein Dear Mr. Lefkowitz: 1400 Nov York A Penile, NW Sul la 'WO Inishinglon, DC 20530 IIMMO rilAiSEM May I5, 2008 Pursuant to your request and the request of U.S. Attorney R. Alexander Acosta, we have independently evaluated certain issues raised in the investigation ofJeffrey Epstein to determine whether a decision to prosecute Mr. Epstein for federal criminal violations would contradict criminal enforcement policy interests. As part of our evaluation, we have reviewed letters written on behalf of Mr. Epstein on February 1, 2007, June 25, 2007, July 6, 2007, March 28, 2008, April 8, 2008, April 28, 2008, and May 14, 2008, with their attachments. We have also reviewed memos prepared by the U.S. Attorney's Office. As you will recall, we met with you and other representatives of Mr. Epstein to further discuss your views on the propriety of a federal prosecution. We have discussed the factual and legal issues you raise with the Criminal Division's Appellate Section, and we consulted with the Office of Enforcement Operations concerning the petite policy. We are examining the narrow question as to whether there is a legitimate basis for the U.S. Attorney's Office to proceed with a federal prosecution of Mr. Epstein. Ultimately, the prosecutorial decision making authority within a U.S. Attorney's Office lies with the U.S. Attorney. Therefore, to borrow a phrase from the case law, the question we sought to answer was whether U.S. Attorney Acosta would abuse his discretion if he authorized prosecution in this case. As you know, our review of this case is limited, both factually and Iegally. We have not looked at the entire universe of facts in this case. It is not the role of the Criminal Division to re- conduct a complete factual inquiry from scratch. Furthermore, we did not analyze any issues concerning prosecution under federal statutes that do not pertain to child exploitation, such as the money laundering statutes. EFTA01718490 05/16/2008 411:16 FAX P 05/16/08 FRI 11:08 FAX 0003/006 O003 As was made clear at the outset, we did not review the facts, circumstances, or terms included in the plea offer, nor any allegations that individuals involved in the investigation engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28, and May 14 focus in large part on accusations of investigative or prosecutorial misconduct. Not only do allegations of prosecutorial misconduct fall outside the boundary of our arced review, they also fall outside the authority of the Criminal Division in the first instance. Simply, the Criminal Division does not investigate or resolve allegations of professional misconduct by federal prosecutors. For these reasons, we do not respond to the portion of those letters that discuss alleged misconduct. Based on our review of all of these materials, and after careful consideration of the issues, we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case. We will briefly address each of the issues that you have raised. Knowledge of age. Federal child exploitation statutes differ as to whether there must be proof that the defendant was aware that the children were under the age of 18. However, even for those statutes where knowledge of age is an element of the offense, it is possible to satisfy that element with proof that the defendant was deliberately ignorant of facts which would suggest that the person was a minor. For that reason, the fact that some of the individuals allegedly lied to Mr. Epstein about their age is not dispositive of the issue. While there may be an open factual issue as to Mr. Epstein's knowledge, we cannot say that it would be impossible to prove knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfully conclude that this factual issue is best resolved by a jury. Travel for the purpose. In the materials you prepared, you suggest that Mr. Epstein should not be charged with violating 18 U.S.C. § 2423(b) because his dominant purpose in going to Florida was not to engage in illegal sexual activity, but rather to return to one of his residences. While we fully understand your argument, we also find that the U.S. Attorney's office has a good faith basis fully to develop the facts on this issue and brief the law to permit a court to decide whether the law properly reaches such conduct. Mr. Acosta would not be abusing his discretion if he decided to pursue such a course of action. Intent to engage in the conduct at the time of travel. Based on our review of the facts of this case, we respectfully disagree that there is no evidence concerning Mr. Epstein's intent when he traveled, and when that intent was formed. Should Mr. Acosta elect to let the case proceed so that a jury can resolve this factual issue, lie would be within his discretion to do so. Use of a facility or means of interstate or foreign commerce. Much of the materials you have prepared and much of the meeting we had focused on 18 U.S.C. § 2422(b), specifically your contention that Mr. Epstein did not use the phone to coerce anyone to engage in illegal sexual activity. We understand the issue you raise concerning the statutory interpretation. As before, however, we cannot agree that there is no evidence that would support a charge under Section 2422(b), nor can we agree that there is no argument in support of the application of that statute to this case. Finally, our assessment is that the application of that statute to these facts would not be 2 EFTA01718491 05/16/2008 11:16 FAX 05/18/08 FRI 11:09 FAX @004/006 1004 so novel as to implicate the so-called "clear statement rule," the Ex Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect to 18 U.S.C. § 1591, the alleged absence of the use of force, fraud, or coercion is of no moment. The statute does not require the use of force, fraud, and coercion against minors. Because of their age, a degree of coercion is presumed. In your materials, you note that the statute requires that the minors must be "caused" to engage in a commercial sex act, further arguing that the word "cause" suggests that a certain amount of undue influence was used. We reject that interpretation, as it would read back into the offense an element--coercion—that Congress has expressly excluded. We have successfully prosecuted defendants for the commercial sexual exploitation of minors, even when the minors testified that not only did they voluntarily engage in the commercial sex acts, it was their idea to do so. As such, Mr. Acosta could properly decide to pursue charges under Section 1591 even if there is no evidence of coercion. More broadly, a defendant's criminal liability does not hinge on his victim identifying as having suffered at his hands. Therefore, a prosecution could proceed, should Mr. Acosta decide to do so, even though some of the young women allegedly have said that they do not view themselves as victims. Witness credibility. As all prosecutors know, there are no perfect witnesses. Particularly in cases involving exploited children, as one member of your defense team, Ms. Thacker, surely knows from her work at CEOS, it is not uncommon for victim-witnesses to give conflicting statements. The prosecutors are in the best position to assess the witness's credibility. Often, the prosecutor may decide that the best approach is to present the witness, let defense counsel explore the credibility problems on cross-examination, and let the jury resolve the issue. Mr. Acosta would be within his authority to select that approach, especially when here there arc multiple, mutually-corroborating witnesses. Contradictions and omissions in the search warrant application. We have carefully reviewed the factual issues you raise concerning the search warrant application. For a search warrant to be suppressed, however, the factual errors must be material, and the officers must not have proceeded in good faith. Despite the numerous factual errors you describe, the U.S. Attorney's Office could still plausibly argue that the mistakes—whether inadvertent or intentional—were not material to the determination that probable cause existed for a search, and that the search was in good faith in any event. As such, Mr. Acosta could properly elect to defend the search warrant in court rather than forego prosecution. Petite Policy: After reviewing the petite policy and consulting with the Office of Enforcement Operations COEO"), we conclude that the petite policy does not prohibit federal prosecution in this case. According to the U.S. Attorney's Manual, the petite policy "applies whenever there has been a prior state or federal prosecution resulting in an acquittal, a conviction, including one resulting from a plea agreement, or a dismissal or other termination of 3 EFTA01718492 05/16/2008 11:17 FAX f 1. 05/10/08, FRI 11:09 PAX Ca 005/006 00 005 • the case on the merits after jeopardy has attached." USAM 9-2.031(C). Our understanding is that the state case is still pending. As such, the procedural posture of the state case does not implicate the petite policy. We recognize that the petite policy could be triggered if the state case concluded after a federal indictment was issued but prior to the commencement of any federal trial. Id. However, the policy "does not apply ... where the [state) prosecution involved only a minor part of the contemplated federal charges." USAM 9-2.031(B). Based on our understanding of the possible federal charges and existing state charges, we do not think the petite policy would be an issue should federal proceedings take place. Federalism and Prosecutorial Discretion. All of the above issues essentially ask whether a federal prosecution can proceed. We understand, however, that you also ask whether a federal prosecution should proceed, even in the event that all of the elements of a federal offense could be proven. On this issue, you raised two arguments: that the conduct at issue here is traditionally a state concern because the activity is entirely local, and that the typical prosecution under federal child exploitation statutes have different facts than the ones implicated here. You have essentially asked us to look into whether a prosecution would so violate federal prosecutorial policy that a United States Attorney's Office should not pursue a prosecution. We do not think that is the case here for the following reasons. Simply, the commercial sexual exploitation of children is a federal concern, even when the conduct is local, and regardless of whether the defendant provided the child (the "pimp") or paid for the child (the "john"). In your materials, you refer to a letter sent by the Department of Justice to Congress in which the Department expresses concern over the expansion of federal laws to reach almost all instances of prostitution. In that portion of the letter, the Department was expressly referring to a proposed federal law that reach adult prostitution where no force, fraud, or coercion was used. Indeed, the point being made in that letter is that the Department's efforts are properly focused on the commercial sexual exploitation of children and the exploitation of adults through the use of force, fraud, or coercion. As such, there is no inconsistency between the position taken in that letter and the federal prosecution of wholly local instances of the commercial sexual exploitation of children. If Congress wanted to limit the reach of federal statutes only to those who profit from the commercial sexual exploitation of children, or only to those who actually traffic children across state lines, it could have done so. It did not. Finally, that a prosecution of Mr. Epstein might not look precisely like the cases that came before it is not dispositive. We can say with confidence that this case is consistent in principle with other federal prosecutions nationwide. As such, Mr. Acosta can soundly exercise his authority to decide to pursue a prosecution even though it might involve a novel application of a federal statute. Conclusion. After carefully considering all the factual and legal issues raised, as well as the arguments concerning the general propriety of a federal case against Mr. Epstein on these 4 EFTA01718493 05/16/2008 11:17 FAX 05/16/08 FRI 11:10 FAX @flit:16/006 GD006 facts, we conclude that federal prosecution in this case would not be improper or inappropriate. While you raise many compelling arguments, we do not see anything that says to us categorically that a federal case should not be brought. Mr. Acosta would not be abusing his prosecutorial discretion should he authorize federal prosecution of Mr. gpstei . , Sincerely cc: AAG Alice S. Fisher DAAG Sigal P. Mandelkcr U.S. Attorney R. Alexander Acosta 5 Oostcrbaan EFTA01718494 UVOZ/08 JUUN 14:58 FAA EIECUE1VE OFFICE 001 U.S. Department of Justice United States Attorney Southern District of Florida UNITED STATES ATTORNEY'S OFFICE SOUTHERN DISTRICT OF FLORIDA 99 NE 47" STREET MIAMI, FLORIDA 33132-2111 First Assistant U.S. Attorney tatf Assistant FACSIMILE TRANSMISSION COVER SHEET DATE: June 2, 2008 TO: FAX NUMBER: SUBJECT: Epstein NUMBER OF PAGES, INCLUDING THIS PAGE: 9 Message/Comments: This facsimile contains PRIVILEGED AND GO'NFIDEN1lAt. INFORMATION intended only for the use of the Addressee(s) named above. If you are not the intended recipient ofthis facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or coping of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. EFTA01718495 .. EFTA01718496 vusudbøuw ~Ph. A.0.4 . ar,r...inuat:i. 12 ls ' U CaW.U.1 let Ur SVC 00.1/0(me retuuc ?I 003 /013 qr)no:.uoa Kenneth W. Starr IGrklantl I VIA FkCSIMILI.: I lontirable Ntirs >i flee Pal the y thirite• General i9lileil )_(me I 1.V aSili LW.. ":./5 may 39. 2008 Jo: mono liir.11.LP ; 1. COAT I DKVT1A I [)ear I wipe I httat.1 briefly supplements our prior submission to vet' dated May 2008. In Illo! tatillintinicaiitin. we urgently requested that your Office conduct an independent rev i e,• of the pn.iposed federal pro:Ls:tit:on of our diem. ieffiey Hustein. The dual reastuis for oar request that you review this maller arc I ip th.: hedrock need fus integrity in the curt weeturnt fede: al criminal taws. and the predltand questions raised S. the unpreentletitcql tr.:it:limn!: of federal ;:lie by the t katte s Attorney's Orliee in Miatiii (die ••118AO- 1 iv pzerament publie who le.,s eloce tins it.. farmer President Clinton. Allor11O. Alux .. coma t hat 1.ve vanild he seekim: your Mite's review. Mr. I,:itet, iiii the nee . r • • .. • • is lino; :ell the nion: exigent. On Muntluy. May I9. 2008. Vital Assistant ivItn.::. the t ;SAO respulded Ulan ennat! front hi; la:Ronit/. infortnito.: I ...••; which inlp netl a deadline of June 2. 20LIS to admit!), Willi all the terms of tae ,suncitt Non- i~ pr,,seention ..»:reemetit (the - Agntement")„ pies new unilateral intldifiej1IllInS, till pain ai being llecmcd in brateit of ;hat Agreement. appears to have been deliberateiy designed Kt deprive us te. an adequate uppOrtimily bisect. your Office's review in this matter. The USAn's desire to foreclose a 4:nitwit:le reviet. is understand,ible. given that the Child i,tc:tinitation ;Ind cnsectinv Section ("Cli0S--) has already tleierntined that our 7:tilothinet..t: arson:ems regualing why a federal proseeuti In t . !Vs. Itpsotin is not oar:anted wen: "compc•Ilin;.- I Inwever. in contr.:diction to Mr assertion that CEOS had proviths,1 an indent:lid:Mt. de Punt roele.. •. CFOS made clear t.tal tt t. i ma. do ND. indeed., e1:.O.5: declined to esoutine several of the more lrouhlinr. Aspeers ni ch.? invit.«igation a: Mr. Epstein. ;nclauliar Ilt deliberate Isak in the Aciu York Times• of numerous highly ;tonride:Mal syleds of illy investigatil.n and nettnti:nions h • - • • Ite parties as weil us the teeg ni en tp til end lansidot tiled attain:i Mr. Epstein by Mr. limner law partner. Tile I.Matei:SAar:4.: und urbitrarily imposed deadline st..1 by die I iF.A<> was done witltool any rtrspeel for Lite nunnal lintetittnitt!! and rehede lint of state itidit.i.ill matters. II rennin:: thtit Mr. 1.:TINItir:-> courlsti persuade the State Att,riley of Palm Beach Iv istue a criminal information EFTA01718497 vu, us, U. tr). A, :514 r CIII.*:'::20eS 1? i t PAW • GAIAAJLAVE urrium owitowse SIU1.14 6200 41/013 Iii I !anorak,: Mark Vilip MA" 27. 211011 rage li? :hal tilw Swtc Attorney has nil:. despite J ;V.I. It. INC '.Ii. lipetein's counsel must also sueccesittlly expedite a plea nn a date prim. (0 July t. 200X. which rS tile 11111C IltirSently scl by the shoe court Funiter. the unnecessary deadline is even mom problematic he:mance :.1r. ;weren't etwo iv reconcile the state charge and sentence with the terms or the Agreement requites an tatustial and unpreuedemed threatened application 01 letleral law. Thus. tt places Mr Ppsten ill the Itit;lits unusual position of having lit thanand Mal the Stale acquiesce :More SA Ch.: punishment than it had already detennioad was aPProPriale- We have attempted to resolve these and other issues through the I GUI and CFA )S neludia raisiu6; our vouverm: about the USAO's inappro white I.:undue, with respect to this matter. But those avenues have now been shut down. Mi e letter purports w p.rohibit any Rather contact between Mr. F.ptdcin's defense team and I :.S. Attorney Acosta, and tretietai requites us to communicate with the tit:AO only though Mr. SlOnntrn: NUE18/111iIta..N. While k pains us to say this, this misguided moseettlion lion, the outset aka:: the appearance that it may have been politically motivated Mr. QI‘clein is a lat!Ili). sueecteatil. made businessman and rthilanthropiet who entered the puhiic ;trona nn ty h t 6vie :if ill( elow personal asst:-:alit. With l'ornicr President Bill Clinton. There is little tioubt ii; oar :Mods that the US.NC) :levet would have contemplated a prosecution in this case it Mr. Ensa.pin were just another "John.- tt.S. Annracy Acosta prcointisty has mmetl that be is - sympathetic- In :our We:AI/SIP' raated concerns. but be has taken the position that his authority is limited b) enforcement policies set forth in 1N7ashinglon. D.C. As expressed our prior c llllllll unit:a:inn w you. we believe that a complete and independent appraisal and resolution of this ease mom aPPI0Prialei would he undertaken by your at ..nning with the rescission of the arbitrary. unfair. and unprecedented deadline that Mi. IcalrindS to have unposed in this cane. At du LV:V V/C would appreciate a whim/ tt I he arbitrat! timeline imposed tin our client hy the I:SAO in <NAO. In allow n1111: Ibr your office 10 etolNitler flu! request that vitt: undertake a mt. lett of this case. Thatd, you :Or your time and attcntiun. Kenneth W. Starr Kirkland 14 i-ilk •-• I) IA, owe). (. • Al>1O11 S: Bird EFTA01718498 J.7; Ze i"; s nut: Dag" AI c on IP an )ION ia:2I FA): I GACA.U11Vt. urrnx. DU/ODAG liTRELAXDAELLIN LLP 1(yV V4 4100S/013 KIRKLAND & ELLIS LLP Fax Transmittal ge Phone Fax: Please notify us immediately if any pages are not received. SP? Ceitj THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL. MAY BC ATTORNEY-CLIENT PRIVILEGED. MAY CONSTITUTE INSIDE INFORMATION. AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIF TELY AT: To: Company: Fax X: Direct It: e of thc Deputy Attorney Ge -Honvreible Mark Filip Offic Unite ate d St s Depanment ofJ usrieeneral From: Date: Pegesmicoyen Fax It: Direct X: Kenneth W. Starr May 19, 2008 . 9 Message' EFTA01718499 UO/UC/VO ~fl 44:Dd u4,40, LVVO UW:tif VAS. Ilt.. i It • a d ?ION a : 2 ELECUT1VE UFF10E DOJIOUKU K I KKISNIISKI.I.15 U005 1/40 006/013 teJ11112 Kenneth W. Starr Kirkland & • • PhottE: Pax: VfA PA CSIMILE Ilonorable Mark Filip Galge of the Depury Atterney General United St 'cc as ungton, D.C. 20530 Dear Judge Filip: May 19.2008 Joe D. Whitley _43ston & Bird as ungton, DC :1000 -li 0 CONFIDE.NTML EFTA01718500 1:0/ US, ..10 sun 10: LW %twins ton itz. wieemosyyy W0 v., man b5. I9.0A MON miuKLAMMELLIs • ISIUUD 40cionots 100113 Ilonorable Mark Filip May 19. 2008 Page 2 EFTA01718501 TiVot°A1 • Oh J '09 !ION 13:23 LAZAAJAAVG %atilt DOJ/ODAC KlIthl.ANIMELLI 5 1.1.1' YO YVt Q008/013 CO 004 flonorableMalicBip May :9,2008 Page 3 EFTA01718502 muivcivo sun so.u4 05/28/2008 09:09 FAX • 03 In pa )ION 13:23 CAMAJIIVIS Urrlt.t. D0J/ODAG KIRKLANDAELLIS IUU6 009/013 006 Honorable Mark Filip May 19, 2003 l'age 4 EFTA01718503 VOOLOA/U0 sun sous 03/2o/zoos moo FAX -05 19 on moN 1 3 :2.1 Honorable Mark Filip May 19.2008 Page'5. CAMAJILIII urrst& WM), vovowic Npotvol3 KIKELAND&ELLIS LLP 0000 EFTA01718504 U0/114/U0 AUP 10:U4 05128/2008 00:10 FAX moN 13:Z5 Honorable Mark Pilip May 19, 2008 Page 6 ZAZUU11•11 UrriA.C. qUus.0 DOVODAC Q011/013 KLIEKLANDLELLIS woo' EFTA01718505